HomeMy WebLinkAbout1111 - Fire Code•
0
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
I� -_William M.9 ohml dt ................................ being first
...............
duly sworn and on oath, depose and say that I am
the .--- ._._Advertising Manages--------------- _ __ of the
Newport Harbor News Press -DAILY PILOT, a news-
paper of general circulation in the City of Newport
Beach, County of Orange, State of California, and
that City ... Ordinance.... Number .... 1111. ...................... . ..
of which the copy printed hereon is a true and com-
plate copy, was printed and published in the regu-
lar issue (s) of said newspaper on
Feb
---------- --.._................... ..... 196 .5......
I - �:Q-�. -- -..... ).. -.... ..................................................... �-.. .
Subscribed and sworn to before me this ..... let
day of
..�:�.
OF,JGAi_
JOSci'ti E
NOTARY PUBLIC- ' ft_ "OR
PRINCIPAL OFFICE IN
ORANGE COUNTY
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS.
CITY OF NEWPORT BEACH )
-- -- - ..¢¢, X�196....5.....
61 c_`�n
and for the County
t of California
a n�....�„ ._ .t..
Commission expires _ y.Qommissjon f�. f�: ae_21.,_
I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California do hereby certify that
the foregoing .......... Ordace
......in...n.................................. ...............................
No. „ 1111 was duly and regularly adopted, passed and approved by the City Council of the City
of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place
thereof, on the ........?5A.day, of ...... JWWary .... ............................... 19.65..
by the following vote:
AYES: COUNCILMEN ,Par sons Marshall,,,Elc���,,,; µhex ,..G.QOke..F.orgit,..Stoddaxd
................................................................. ...............................
NOES: COUNCILMEN .. None .................................. ...............................
ABSENT: COUNCILMEN ... N4Ae ................................. ...............................
Dated this .... 8th.... day of ........... FAbruary .. ............................... 19 ..65.
City Cierit of fheh City of Newport Beech, state of California
ORDINANCE NO. 1111
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH REPEALING
CHAPTER 1 OF ARTICLE 111 OF
THE NEWPORT BEACH MUNICIPAL
CODE AND ADDING A NEW CHAP-
TER 1 TO ARTICLE 111 OF SAID
CODE CREATING AND ESTABLISH-
ING FIRE ZONES, REGULATING
OPEN AIR FIRES, ADOPTING BY
REFERENCE THE FIRE PREVEN-
TION CODE, 1960 EDITION, REC-
OMMENDED BY THE NATIONAL
BOARD OF FIRE UNDERWRITERS,
ESTABLISHING REGULATIONS TO
CONTROL CONDITIONS CREATING
A HAZARD TO LIFE AND PROPER.
TY FROM FIRE OR EXPLOSION,
ESTABLISHING A BUREAU OF
FIRE PREVENTION, AND PROVID-
ING FOR ENFORCEMENT OFFI-
CERS AND DEFINING THEIR POW-
ERS AND DUTIES
The City Council of the City of New -
Port Beach does ordain as follows:
SECTION 1. Chapter 1 of Article 111
of the Newport Beach Municipal Code
Is repeated.
SECTION 2. A new Chapter 1 Is add-
ed to Article III of the Newport Beach
Municipal Code to read:
"Chapter 1
FIRE PROTECTION AND
FIRE PREVENTION CODE
SECTION 3100. Establishing a Fire
District. The entire City is hereby tle-
claretl to be and is hereby established
a Fire District, which said Fire Dis.
'rict is divided into three zones for
the regulation of the type and charac.
ter of buildings which shall be con -
structed in each such zone. The zones
hereby established are the same zones
referred to by number in the Building
Code of the City as the same now
exists or as the same may hereafter
be adopted or amended.
SECTION 3101. Fire Zone No. 1. Ex-
cept as to the Parcels specifically ex-
cluded therefrom by the provisions of
the sections hereof following this sec-
tion and Preceding Section 3102, all of
the following - described real property in
the City is hereby declared to consti-
tute Fire Zone No. 1:
Beginning at the paint of intersection
of the southerly Prolongation of the
westerly line of Channel Road and
the southerly line of Lot J as shown
upon a map of Tract 518, recorded
in Book 17. Pages 33 to 36 of Miscel.
laneous Maps, Records of Orange
County, California, thence westerly
along the southerly line of Lots J, I,
H, G and F of said Tract 518 to the
most westerly corner of said Lot F;
thence northwesterly in a straight line
to the intersection of the southwest-
erly Prolongation of the southeasterly
line of 'E' Street, as shown on a
Map of Eastside Addition, recorded
in Book 4, page 20 of Miscellaneous
Maps, Records of said Orange Coun-
ty with the south line of Section 35,
Township 6 South, Range 10 West,
S.B.B.M.; thence East along the said
south line of Section 35, to an imer-
section of the center line of Ocean
Front (Formerly Surf Avenue) as
shown on a map of said Fastside
Addition; thence northwesterly along
the center line of Ocean Front (For.
merle Surf Avenue) as said Ocean
Front (Formerly Surf Avenue) is
shown on said map of Eastside Addi-
tion and map of Balboa Tract, Re.
corded in Book 4, Page 11 of Miscel-
laneeus MBPS, of said County, to an
Intersection with the southerly pro-
longation of the westerly line of Lot
11, Black 4 of said Balboa Tract.
thence northerly along the last men -
tioned southerly prolongation to an in-
tersection with the center line of
Ocean Front (Formerly Surf Avenue)
as shown on a map of the Newport
Bay Tract recorded in Book 4, Page
16 of Miscellaneous Maps, records of
said County, thence westerly along
the last mentioned center line of
Ocean Front (Formerly Surf Avenue)
to an intersection with the southerly
Alvarado Street, as shown on said
map of Newport Bay Tract: thence
northerly along the last mentioned
southerly prolongation to an intersec.
tion with the center lire of Ocean
Front (Formerly Surf Avenue) as
shown on a man of East Newport,
recorded in Book 3. Page 37 of Mis-
cellaneous Maps, records of said
County; thence westerly along the
last mentionetl center line Of Ocean
Front (Formerly Surf Avenue) and
the center line of Ocean Avenue as
shown on a Map of Tract No. 234.
recorded in Book 13, Pages 36 and
37 of Miscellaneous Maps, Records of
said County and along the center line
of Ocean Avenue as shown on a Map
of Section 'B', Newport Beach, re-
carded in Book 4, Page 27 of Miscel-
laneous Maps, Records of Orange
County. California, and along the cen-
ter line of Ocean Avenue as shown
on a Map of First Addition to New-
port Beach, recorded In Book 3, page
27 of Miscellaneous !daps, Records of
said County, and map of Newport
Beach, recorded in Back 3, page 26
of Miscellaneous Maps, Records of
said County, and map Of Third Ac i-
lion to Newport Beach, recorded in
Book 3, Page 31 of Miscellaneous
Maps, Records of said County, and
MBP of Ocean Front Tract, Rpcorded
in Book d, Page 12 of Miscellaneous
Maps, Records of said County, and
map of Seashore Colony Tract, re-
carded In Book 7, Page 25 of Miscel-
laneous Maps, Records of "fit Coun.
ty, to an intersection with the north-
easterly Prolongation of the North-
westerly line of Block N -1, as shown
on said Seashore Colony Tract: thence
southwesterly along the last mention.
ed northeasterly prolongation and
along the northwesterly line of said
Block NA, to an intersection with the
mean high title line of the Pacific
Ocean; thence southeasterly along the
mean high title line of the Pacific
Ocean to an intersection with the
southerly prolongation of the westerly
line of Channel Road as shown upon
a map of Tract 518, recorded In
Book 17, pages 33 to 36, Records of
Orange County, California, t h e n c e
northerly along the last mentioned
Southerly prolongation to the Point of
beginning.
SECTION 3101.1. Exclusions front Fire
Zone No. 1. The Parcels of real prop-
erty hereinafter described are hereby
excluded from Fire Zone No. 1 and,
notwithstanding any Provisions of this
Code to the contrary, are hereby in-
cluded within Fire Zone No. 2.
PARCEL A: Beginning at the inter-
section of the center line of Surf Ave-
nue (now Ocean Front) and the cen-
ter line of Main Street, as shown on
the Map of the Balboa Tract record-
ad in Book 4, page 11, of MIS ce Ilan.
eous Maps, Records of Orange Coun-
ty; thence southwesterly along the
center line of said Main Street and
the southwesterly Prolongation thereof
to a point 70 feet from ti :e center
lire Of said Surf Avenue (now Ocean
Front): thence northwesterly along a
line parallel to and 70 feet distant
from said center line of said Surf
Avenue 'now Ocean Front) to the
intersection with the Southwesterly
Prolongation of the northwesterly line
of Lot 12 in Block 10 Of said Balboa
Tract; thence northeasterly along said
Balboa Tracti thence northeasterly
along said southwesterly Prolongation
to the center line of said Surf Ave.
nue (now Ocean Front); thence South-
easterly along said center line of Surf
Avenue (now Ocean Front) to the
Point of beginning.
PARCEL B: A strip of land 250 feet
in width, the northeasterly line of
said 250 foot strip being 20 feet
southwesterly measured at right an-
gles from the following described
line:
Beginning at the most westerly cor.
ner of Block 20 as shown on the
Map of First Addition to Newport
Beach recorded in Book 3, Page 27
of Miscellaneous Maps, Records of
Orange County, California; t h e n c e
southeasterly along the southwesterly
line of said Block 20 and its Pr01on-
gotten to the most westerly corner of
Block 19 of said Map of First Addi-
tion to Newport Beach.
SECTION 3102. Fire Zone No. 2. All
that certain real property in the City
now or hereafter designated in Article
IX (Planning and Zoning) of this Code
as I district, C -N district, C-0 district.
C -1 district, and C -2 district, whether
or not combined with any other dis-
trict, Is hereby declared to constitute
Fire Zone N0. 2.
SECTION 3103. Fire Zone No. 3. All
that certain real property in the City
not described as being in Fire Zone
No. 1 or l=ire Zone No. 2 is hereby
declared to constitute Fire zone No. 3.
SECTION 3104. Building Regulxt.ons,
Fire Zone No. 1. No Person .hall
move a building or structure into, or
erect or construct a building or Struc-
ture in. Fire Zone No. 1 unless the
same shall be of Type 1 consiructiol
as defined in the Building Code of the
City as the same now exists or as the
same may hereafter be adopted or
amended.
SECTION 3105. Adoption at Fire Pre-
vention Code. Pursuart to the Provi-
sions of the Charter of the °ity of
Newport Beach and Sections 50022.1
through 50022.5. Title 5, Division 1, Ar-
ticle 2, of the Government Code of the
State of California, there is hereby
adopted by the City Council of the City
of Newport Beach that certain code en-
titled 'FIRE PREVENTION CODE' rec.
ommended by the National Board of
Fire Underwriters, being Particularly
the 1960 edition thereof as amended and
corrected in November. 1961, sp3cifical-
ly including Appendices A, B and C,
Save and except Such portions a5 are
herein deleted, added or amended, three
full copies of which, Printed as a code
In book form, are ordered filed in the
office of the City Clerk of the City of
Newport Beach to be open for public
inspection, and the same is hereby
adopted and incorporated as fully as if
set out at length herein.
SECTION 3106. Amendment to Section
13.2 of the Fire Prevention Code. Sec-
tion 13.2 of the Fire Prevention Code is
amended to read:
'Section 13.2. Manufacture, Sale and
Discharge of Fireworks.
a. The manufacture of fireworks is
Prohibited within the Municipality.
b. Except as hereinafter provided
it shall be unlawful for any Person
to store, to offer for sale, expose for
Sate, sell at retail, or use or explode
any fireworks; provided that the Chief
Of the Fire Department shall have
Power to adopt reasonable rules and
regulations for the `granting of per-
mits for supervised public displays of
fireworks by the municipality, fair B
sociatians, amusement parks, and oth-
er organizations. Every such display
shall be handled by a competent op-
erator approved by the Fire DePart-
ment of the municipality, and Shall
be of such a characier, and so lo.
cated, discharged or fired as in the
opinion of the Chief of the Fire De-
Partment, after Proper iaspactian, shall
not be hazardous to Property or en-
danger any person.
c. Application for Permits shall be
made in writing at least fi +teen days
in advance of the date of the display.
After such privilege shall have been
granted, sale, possession, use and dis-
tribution of fireworks for such display
shall be lawful for that Purpose riv.
No Permit granted hereunder shall be
transferable.'
SECTION 3107. Deletion of Sections
treat the Fire Prevention Code. Sec.
tions 13.3, 13.4. 13.5, 21.3, 21.5, 21.6, and
28.1 are hereby deleted from the Fire
Prevention Code.
SECTION 3108. Definitions.
The following definitions shall apply
to the Fire Prevention Code as well as
this Chapter:
(1) 'Chief of the Bureau of Fire
Prevention' shall mean the Fire Mar -
shal.
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(2) 'Clearance distance or distances'
shall mean length or lengths meas-
ured along the natural slope of the
land, unless otherwise specified here -
In.
(3) 'Corporation Counsel' shall mean
the City Attorney at the City at New.
Port Beach.
(4) 'Fire Chief' shall mean the
Chiet at the Newport Beach Fire De-
Partment.
(5) 'Fire Hazard' shall mean any
thing or act which increases or may
cause an increase of the hazard or
menace at fire to a greater degree
than that customarily recognized.
(6) 'Hazardous Fire Area' shall
mean any land which is :overed with
grass, grain, brush or forest, whether
Privately or Publicly owned, which is
so situated, or is at such inaccessible
location, that a fire originating upon
such land would Present an abnor.
mally ditticult lob of suppression or
would result in great and unusual
damage through tire or resulting ero-
sion. Hazardous tire areas shall be
designated by the Fire Chief on a
map which shall, be maintained in
the main office at the Fire Depart.
ment.
(9) 'Incinerator' shall mean a build.
ing, or Portion thereof, container, de.
vice or other appliance designed,
used or intended to be used for the
disposal of combustible rubbish by
burning.
(8) 'Incinerator, Class 1' shall mean
any Incinerator whether tree s;anding
or an integral Part of a building and
built in accordance with the Prcvl-
sions of the Building Code.
(9) 'Incinerator. Class II' shall mean
any incinerator other than Class I.
(10) 'Municipality' shall mean the
City of Newport Beach.
SECTION 3109. Alternate Materials
and Methods. The Fire Chiet, with the
written approval of the City Manager
and after notice to the Building and
Satety Director, may approve any al-
ternate material, design or method of
operation, Provided he finds that said
alternate Proposal complies with the in-
tent of this Chapter and the Fire Pre-
vention Code as adopted and Is, for
the Purpose intended, the equivalent at
the requirements Prescribed thereby in
quality, strength, ettectiveness, fire re-
sistance, durability and safety: Provided,
however, that any alternate approved
under the authority contained in this
section shall be sublect to the written
approval of the Building and Safety Di-
rector whenever such alternate involves
matters regulated by the Building Code.
The Fire Chief may require tests as
proof at compliance with the require.
marts and intent of this Chapter and
the Fire Prevention Code os adopted,
such tests to be made by an approved
agency at the expense of the parson
requesting approval at the alternate ma-
terial or method of conefructian.
SECTION 3110. New Materials, Proc.
esses or Occupancies Which May Re-
quire Permits. The Fire Chief, with the
written approval of the City Manager,
shall determine and specify, after giv-
ing attected persons an opportunity to
be heard, any new materials, Processes
or occupancies which shall require Par.
mits, in addition to those now enum-
erated In this Chapter and the Fire
Prevention Code as adopted. A written
record of such determination shall be
open to Public Inspection in the Fire
Department office and the ottice of the
City Clerk.
S E C T I O N 3111. Modifications. The
Fire Chief, with the written approval
of the City Manager, shall have power
to modlfy any of the Provisions of this
Chapter and the Fire Prevention Cade
as adopted in their application to Par-
ticular properties or operations upon
written request by the Property Owner
or leseee, or a duty authorizetl rePre-
sentafive at either, where there are
Practical difficulties in the way of car-
rying out the strict letter of this Cli
ter or said Fire Prevention Code. Pro-
vlded that the spirit thereat shall be
compiled with, public satety secured
and substantial justice done. The de-
tails of such modification when granted
or allowed and the written decision at
the Fire Chief either granting or deny-
ing the same shall be entered upon
the records at the Fire Department and
a signed copy shall be delivered to
the applicant either by Personal service
or registered mail.
Whenever an aPPlication to modify
this Chaffer or the Fire Prevention
Code as adopted shall be granted, or
in the event that an applicant files an
appeal from the denial of such until.
cation, notice of such action shall be
given within five (5) days after such
action is taken by Posting a notice on
or close to the Property described in
the application and by mailing saitl no-
fice, postage Prepaid, to all Property
owners whose homes and addresses so-
Pear on the latest adopted fax roll as
owning Property within a d'.stance of
three hundred (300) feet from the ex-
ferior boundaries of said ProPerty. The
notice shall advise all interested Per-
sons of their right of appeal or, in the
event that the applicant has tiled an
appeal, the notice shall state the time
and Place at which the apPeal will be
heard and the nature of the appeal.
SECTION 3112 APpeafs to CRy Coun-
011. The City Council shall have luris.
diction to hear all appeals under this
Chapter and the Fire Prevention Code
as adopted as hereinafter Provided.
SECTION 3113. Appeal Procedure.
Whenever the Fire Chief, the City Man-
ager, or the Building and Safety Direc-
tor shall approve or disapprove an ap-
plication, or grant Or refuse to grant
a requested modification at this Chap-
ter or the Fire Prevention Code as
adopted, or when it is claimed that
the Provisions of this Chapter or said
Fire Prevention Code do not apply or
that the same have been wrongly in-
terpreted, the applicant or any Other
Interested Person may appeal from such
decision by tiling a written notice of
appeal with the City Clerk within fit-
few (15) days after the written deco
sign Is delivered to the applicant or,
in the event that the appeal is tram
a decision granting an application ter
moditication at this Chapter or said
Fire Prevention Code pursuant no Sec-
tion 3111, within titfeen (15) days tal-
lowing the mailing of notice to Prop-
erty owners in the vicinity. The City
Clerk shall set a date ter hearing the
appeal and shall notify the appellant
thereof by mail.
After holding a hearing on the ap-
Peal, the City Council may sustain,
overrule or modify the decision aPbeal-
.d from and its action 'hereon shall
be final.
SECTION 3114. Establishment a n d
Duties of Bureau Of Fire Prevention.
A Bureau of Fire Prevention is estab-
lished within the File Department un-
der the direction at the Fire Chief,
which shall consist of such Fire De.
partment personnel as may be assigned
thereto by the Fire Chief. 'rhe function
at this bureau shall be to assist the
Fire Chief in the administration and en-
forcement of the the Prevention regu-
lations of the City.
SECTION 3115. Authority to Stipulate
Permit Conditions. The Fire Chief, in
granting any Permit authorized under
this Chapter or under the Fire Preven-
tion Code, may impose such conditions
as he deems necessary in the interest
of Public safety.
SECTION 3116. Authority of Fire Per-
sonnel to Exercise Powers of Police Of.
ficers. The Chief and members of the
Bureau of Fire Prevention shall have
the Powers at a Police officer in Per-
forming their duties under this Code.
SECTION 3117. Reporting of Fires.
(a) In the event a fire occurs on
any property, other than a single fam-
ily dwelling, the owner or occupant
shall immediately report such fire to
the Fire Department.
(b) A fire shall mean any tire not
used tar cooking, heating or recrea-
tional Purposes Or one not incidental
to the normal operations of the Prop-
erty.
SECTION 3118. Fires and other Emer.
gencies. The Fire Chief and his Be-
thorized representatives, as may be. in
charge of the scene of a fire or other
emergency involving the Protection of
lit. or Property, shall have the Power
and authority to direct such Operation
as may be necessary to extinguish or
control any tire, Perform any rescue
operation, investigate The existence of
suspected or reParled fire, gls :eaks,
or other hazardous conditions Or sitea.
tions or at taking any other action nec.
assort, in the reasonable Pertormance
of their duty. In the exercise at such
Prover, the Fire Chief may prohibit any
Person, vehicle, vessel or thing trorn
approaching the scene antl may rema'ee
or cause to be removed or kept away
from the scene any vehicle, vessel, or
thing which may impede or interfere
with the Operations of the Fire Dcpart-
.am, and In the judgmanf of the Fire
Chiet any Person not actually and u5e,-
tuIIY employed in the exfinguisivnart of
such fire, or In the Preservatlan of
Property in the vicinity thereof.
SECTION 3119. Interference wish Fire
Department. No person shall obstruct
the operations of the Fire Department
In connection with extinguishing any
tire, or other emergency, or disobey
any lawful command at the Chief Or
officer of the Fire Depart.n.ent or any
Police otticer assisting the Fire Depart-
ment who may be in charge at such
a scene.
SECTION 3120. Fire Barrier. The Fire
Chief or any officer of the Police or
Fire Departments in charge at the
scene of an emeroencv shall have the
a¢hority to Place ropes guards, barri-
cades or other obstructions across any
street, alley, Place or private Property
in the vicinity of such operation so as
to prevent accident Or interference with
the lawful ettorts of the Fire Depart.
ment to manage and control the situa.
Pion and to handle fire apparatus.
SECTION 3121. Tampering with Fire
EquiPment. No Person shall molest,
tamper with, damage or otherwise dis.
turb any apparatus, equipment or ap-
purtenance belonging to, or under the
supervision and control of, the Fire De-
partment without authority tram the
Fire Chief or his authorized representa-
tive to do so.
SECTION 3122. Tampering with Bar-
riers. No Person, except a person Be
thorized by the Fire Chiet or a Public
officer acting within the scope of his
Public duties, shall remove, unlock, de.
stray, tamper with, or otherwise mo�
lest in any manner any lock, gate,
door, barricade, chain, enclosure, sign,
tag or seal which has been lawfully
Installed by the Fire Department or by
its order or under its control.
SECTION 3123. Restricted Entry in
Hazardous Fire Areas.
(a) The Fire Chief is authorized to
order that all or any Portion of a
hazardous tire area be closed when
in his opinion there is an exception.
at and continuing danger of lire due
to density of natural growth, difficul-
ty of terrain, proximity at at,.ctuh'es
or accessibility of the area to the
pahlic. The Fire Chief shall order
such area 10 be Posted as hereinafter
Provided.
(b) Signs Prohibiting entry by un-
authorized persons and referring to
this section shall be Placed around
the boundaries and at the entrances
to every area ordered Posted by the
Fire Chief.
(c) No Person shall enter or re-
main within any area Pasted Pursu.
ant to this section; Provided, howev.
er, that the tallowing Persons shall
be exempted tram the Provisions of
this section: owners or occupiers at
Private or public Property within clos-
ed and Posted areas, their guests or
invitees; local, state, or federal alfi-
clals or employees acting within the
scope of their duties.
SECTION 3124. Closure of Fire
Roads; Parking Thereon.
(a) The Fire Chief may Install
Sales, cables or other barricades, and
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securely lock the same to Prevent the
use by unauthorized Persons of any
road that is not a public highway
and over which the Fire Department
has the right to Pass, whether by
easement, license, municipal owner-
ship or otherwise, for purposes relaf-
Ing to fir. prevention or control, Pro-
vided such action does not preclude
the authorized users of such road or
trail from using the same.
(b) No Person, except a Public offi.
cer acting within the scope of his
Public duties, shall trespass upon any
road or trail which has been closed
and obstructed in the manner author
izetl by this section without the ex.
Press Permission of the Fire Chief;
Par shall any Person Park any vehi.
cle so as to obstruct the entrance to
such road or trait.
SECTION 3125. Addition of New Sec -
lion 21.3 to the Fire Prevention Cade.
A new Section 21.3 is added to the
Fire Prevention Code to read:
'section 21.3. Liquefied Petroleum Gas
Containers Prohibited; Exceptions.
No Person shall install or maintain
a liquefied petroleum gas container,
except Portable containers of less than
20 gallons water capacity, unless na.
tural gas is unavailable in the area
or unless such installation is needed
for a special industrial Process ar use,
In which event he shall first submit
plans to the Fire Chief and make ap-
Plication for a Permit for such instal.
lation. The Fire Chief may, in his
discretion, grant or deny such Per.
mit and in granting such Permit may
attach such conditions thereto as he
deems necessary for the Protection
of life and property.'
SECTION 3126. Parking and Garaging
of Tank Vehicles.
(a) The Parking and enraging of
tank vehicles used for the transporta-
tion of liquefied Petroleum gases shall
be in accordance with Section 16.1016
of the Fire Prevention Code.
(b) During the unloading or trans.
fer of liquefied Petroleum gas, the
tank truck shall be located or Parked
clear of a public thoroughfare unless
The failure to transfer would create
a hazard.
(c) This section shall not Prohibit
the fueling of equipment used In road
construction or maintenance.
SECTION 3127. Filling Portable Tonics
Prohibited. No Portable tanks shall be
filled with liquefied Petroleum gas with-
Section 16.22 of the Fire Prevention
Code in which the storage of Class I
and II flammable liquids in above.
ground tanks is Prohibited are hereby
established as the boundaries of the
City. The limits in which the storage
of Class III flammable liquids in above -
ground tanks Is prohibited are hereby
established as the boundaries of the
City.
SECTION 3129. Bulk Plants for Flam-
mable Liquids Prohlbitae. The limits
referred to in Section 16.51 of Ire Fire
Prevention Code, In which new bulk
Plants for flammable liquids are Pro.
hlblied, are hereby established as fine
boundaries of the City.
SECTION 3130. Removal of Abandon.
ad Underground Storage Tanks.
(a) Any underground flammable li.
quid storage tank that has not been
In use for six (6) months shall be
considered an abandoned storage tank.
(b) All abandoned underg ro u n d
flammable liquid storage tanks in the
City shall be removed within thirty
(30) days after written notification by
the Fire Chief to remove said tanks.
(T) A Permit shall be obtained
from the Fire Chief to remove any
underground storage tanks.
SECTION 3131. Vacating Premises.
Upon vacating or abandoning any Prem-
ises, the occupant thereof shall remove
any and all noxious and hazardous ma-
terial or waste matter which has been
deposited, allowed to come to rest, or
Permitted to accumulate thereon, and
such Premises shall be left in a clean
and neat condition.
SECTION 3132. Vacant Buildings. Ev.
ery Person owning, or In charge or
control of, any vacant building shall
remove therefrom all accumulations of
flammable or combustible waste or rub-
bish and shall securely lock, barricade.
or otherwise secure all tloors, windows
and other openings thereof.
SECTION 3133. Camp Fires. No Per.
son shall make, set or maintain any
beach or camp fire at any Place within
the City except in areas where Proper
containers are Provided for such fires
by the City and where City signs are
Plainly Posted indicating such fires are
Permissible. Beach or camp fires shall
be kept within the confines of the fire
containers Provided by the City. Such
beach or camp fire areas shall be des.
ignated by the City Manager, sublect
to the recommendation of the Parks,
3eaches and Recreaiion Commission.
SECTION 3134. Burning Refuse in
Open Air Fires. No building refuse,
manufacturing and shop refuse shall be
burned in open air fires or incinera.
tors, except the burning of on1Y un.
treated wood or untreated Paper Pro.
ducts, provided that such burning is
no closer than one hundred (100) feet
from any structure. Prior to such
burning, written permits must be ob-
tained from the City Fire Department
and the Orange County Air Pollution
Control District.
SECTION 3135. Burning of Waste Ma.
terial. No waste material shall be dis-
Posed of by burning except as follows:
(1) Hours of Burning: All burning
shall fake Place between the hours of
6:00 a.m. and 11:00 a.m. of any day.
(2) Burning confined to incinerators;
exceptions: All burning shall be done
in an approved incinerator, except that
outdoor burning of combustible waste
material other than paper may be done
in the open if (a) a permit to engage
in such burning is obtained from the
Fire Department, (b) such burning is
done at a distance of more than
twenty -five (25) feet from any building,
structure or other combustible waste
material, and (c) a garden hose and
water supply or other fire extinguishing
equipment is on hand and a competent
Person is In constant attendance until
all fire has been extinguished. APPII-
cants for such Permit must be in legal
control of the lot or parcel of land
on which the burning is to be done.
(3) The Fire Chief may issue Per-
mits for commercial or industrial burr-
ing of combustible waste material or
the burning of standing vegetation dur-
ing hours other than those provided
for herein upon finding that such burn -
Ing is necessary and that it cannot be
done within the Prescribed hours. Such
exemption shall be only for noncon-
tinuing uses and shall be restricted to
the hours between 6:00 a.m. and 3:00
p.m. of any day.
SECTION 3136. Types and Construc.
tion of Incinerators.
(a) Every incinerator used in the
City shall comply with the provisions
of this section.
(b) Class I Incinerators shall be
constructed in accordance with the
provisions of the Uniform Building
Cade.
(c) Class II incinerators shall be
constructed of brick., cement, hollow
tile, or other fire resistive material
other than metal, Will, a completely
enclosed combustion chamber and
shall be equipped with a permanently
attached spark arrester.
(d) Every Class I or II incinerator
shall be equipped and maintained with
a spark arrester constructed of iron,
heavy wire mesh, or other noncom-
bustible material, with openings not
larger than one -half (V) inch.
SECTION 3137. Location of Incinera.
tors.
(a) No Person shall locate, main.
tain, or use any Class D Incinerator,
barbecue pit or outdoor fireplace
within five feet of any building or
structure or within ten feet of any
opening therein, except that with the
approval of the Fire Chief such in-
cinerator may be net less than one
foot from any building or structure
if equipped with an approved chim-
ney extending from at least two feet
above the hood thereof with a twenty.
four gauge iron or steel stack se-
curely attached thereto and support-
ed by a metal strap anchored to the
building wail and extending at least
three feet above the highest portion
of the highest building wall or roof
within ten feet thereof.
(b) This restriction shall not apply
to barbecue Pits and outdoor tire.
Places built In accordance with Chap-
ter 37 of the Uniform Building Code,
which contains requirements for chim-
neys and fireplaces.
SECTION 3138. Maintenance of In-
cinerators. Every incinerator, barbecue
Pit and the equipment thereof, shall
be maintained in good condition and
repair at all times.
SECTION 3139. Incinerators in Auto
and Trailer Camps. An incinerator suf-
ficiently large (based upon the size of
the camp) shall be installed in each
auto and trailer camp, unless a reli-
able refuse disposal melhod or service
is provided for such camp. Such in.
cinerator shall be so located as to be
not nearer than five feet to aflY Pro
Perry line, building, or trailer or near-
er than ten feet to any Of :eying in
such building or frailer.
SECTION 3140. Chimney Spark Arrest-
ers. Each chimney used in conjunc.
tion with any fireplace, or any heat.
ing appliance in which solid or liquid
fuel is used, upon any cabin, house,
hotel, building, or structure located
within two hundred (200) feet of any
mountainous, brush, or forestcovered
land, or land covered with flammable
material, shall be maintainetl with a
spark arrester as required for Inciner-
ators.
SECTION 3141. Protection of Hoods
and Ducts. Hoods and ducts, where
required for restaurant type cooking
equipment, must be equipped with an
approved automatic fire Protection sY5-
tem installed in the hood and duct,
in accordance with the Provisions of
the National Board of Fire Underwriters
pamphlets Pertaining thereto. Noncon-
forming equipment installed Prior to the
effective date of this Chapter shall be
caused to conform with the require-
ments of this section within are year
following such date.
SECTION 3142 Protection Of Marine
Installations. All commercial piers,
wharves, floats, beat silos and marine
service stations, and all noncommercial
Piers, wharves, floats and boat slips
With facilities for mooring live (3) or
more boats, shall be equipped for fire
Protection as follows:
(1) Means shall be available for
calling the Fire Department. Such means
may consist of a Fire Department
alarm box, a Proprietary alarm system,
or a non -pay telephone located within
one hundred fifty (150) feet Of the in-
stallation.
(2) Fixed first aid hose stations
(wet standpipes) shall be installed in
conformity with the applicable stand-
ards set forth in Pamphlet No. 14 of
the National Board of Fire Underwrit.
ers, Chapter 38 of the Uniform Build.
ing Code, and the following require-
ments:
a. The hose stations shall be con-
' noted to a street water main and
provided with a pumper connec-
tion with approved valvin9. Piping
shall be not less than two (2) inches
and shall be adequately treated to
Protect the metal from Corrosion or
damage. A flexible connection may be
installed between a deck or pier and
any floating Pier.
b. Hose stations shall be equipped
with a hose rack or reel, a IVz
inch valve, not more than one hun.
dred (700) feet of approved 11/2 inch
fire hose and a 11/2 Inch brass or
'bronze shutoff type combination
straight stream and fog nozzle. The
orifice for straight stream shall be
1/2 Inch in diameter. The hose sta-
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tions shall be so located Ihat any
portion of a moored craft, pier,
wharf or float may be reached im-
mediately with the hose nrovldod.
c. There shall be located at each
hose station one dry chemical fire
extinguisher with a minimum. Nation-
al Board of Fire Underwriters rating
of 20 B -C.
d. Each hose station shall be in-
stalled in a cabinet so that the hose
and equipment will be Protected from
the elements and from unauthorized
use. Each hose station shall be so,
propriately labeled, with letters not
less than three (3) inches high.
e. Plans for hose stations shall be
approved by the Fire Chief Prior to
installation and the completed work
Shall be sublecf to final inspection
and approval after installation.
(3) It shall be the responsibility of
the owner or the lessee, manager or
other Person in charge of a marine
service station or mooring facility to
maintain in good working order all
fire fighting equipment required by this
section.
(4) When an unusual fire hazard a.-
isfs at any facility described in this
section, the Fire Chief may require that
the owner or lessee Provide additional
fire Protection equipment suitable to
the hazard.
(5) Every boat or vessel that shall
become hazardous from the standpoint
of fire or explosion shall immediately
become subiecf to the orders of the
Fire Chief No person shall fail or
refuse to comply with the directions
of the Fire Chief with regard to mak-
ing such vessel safe from the danger
of fire Or explosion.
(6) Fire Protection installations and
equipment that do not conform with
this section shall be caused to con-
form with this section within one (1)
Year following the effective data of
this Chapter. In the event any struc-
tural change or repair is made t0 any
such installation or equipment during
such one (1) Year Period, compliance
with this section shall be made at that
time.
(7) Wharves, Piers, or floats at ma-
rine service stations shall be used ex-
clusively for the dispensing or trans-
fer Of Petroleum Products to or from
marine craft, except that transfer of
essential ship stores is Permitted. Sales
a: ship stores or merchandise shall not
be allowed from an area where fuel is
dispensed into the tanks of motor
craft.
(8) No vessel or craft shall be made
fast to or berthed at any fuel docks
serving a marine service station, ex-
cept during fueling operations, and no
craft shall be made fast to any other
vessel or craft occupying a berth at
number of Persons, ar the nature of
the Performance, exhibition, display, con-
test Or activity, the owner, agent or
lessee shall employ one or more ax-
Perienced firemen, as required and BP-
Proved by the Fire Chief, to be on
duty of such Place. Said firemen shall
be suolact to the Fire Chief's orders
at all times when 50 empl0yed, and
Shall be in uniform and remain on
duty during the times such Places are
.Pen to the Public, or when such ac-
tivity is being conducted. Before each
Performance or the start of such ac-
tivity, said firemen shall Inspect the
required fire appliances Provided, to see
that they are in Proper Place and In
good working order, and sha!I keep
diligent watch for fires during the time
such Place is open to the Public or
such activity is being conducted and
take Prompt measures for extinguish-
ment of fires that may occur. Fire-
men shall not be required or Permit-
ted, while on duty, to perform any
other duties than those herein sPeci-
tied.
SECTION 3145. Use of Cabdies and
Open Flames Restricted.
(a) No Person shall use or allow
to be used any Open flame, burning
cantle Or candies for Purposes of
light or decoration in connection with
any Public meeting or gathering for
Purposes of deliberation, warship, en-
tertainment, amusement, instruction,
education, recreation, awaiting trans-
portation, or similar Purpose or in
Places of Public assemblage such as
churches, schools, restaurant, eating
establishments, cocktail lounges, lounges
or bars without first obtaining - -
mit from the Fire Chief.
(b) No Person shall use or allow
to be used any open flame, burning
candle or candies in any building or
Place in such a manner as to create
a fire or life hazard."
SECTION 3. This ordinance shall be
Published once in the official news.
Paper of the City, and the same shall
be effective 30 days after the date of
in Places 1965
(a) When the number of Persons
In any building, or Portion thereof,
shall exceed those set forth in the
Rules and Regulations of the State
Fire Marshal (Chapter 1 of Title 19,
Public Safety, California Administra-
tive Code), it shall constitute ever -
crowding, except that where sufficient
additional exit facilities are Provided
the occupant load may be increased
by not more than ten Per cent (10 %)
without overcrowding.
(b) No Person shall permit over-
crowding or admittance of any Per-
son beyond the approved capacity Of
any place of public assemblage. The
Fire Chief, upon finding any over-
crowding conditions or obstruction in
aisles. Passageways, or Other means
of egress, or upon finding any condi-
tion which constitutes a serious men-
ace to life, shall cause the Perform-
ance, presentation, spectacle, or en-
tertainment t0 be Stopped until such
conditions or obstruction is corrected.
SECTION 3144. Standby Firemen for
Places of Public Assembly. Whenever,
in the opinion of the Fire Chief, If is
essential for Public safety In any Place
of Public assembly or any other Place
where People congregate, due to the
'dinance was introduced of a
neeting of the City Council of
of Newport Beach held an the
of December, 1961, and was
on the 29th day of January,
the following vote, to wit:
COUNCILMEN: Stoddard.
l. Cook, Gruber, Elder,
call, Parsons
COUNCILMEN: None
NT COUNCILMEN: None
Newport Harbor News - Press,
Beach, Calif., February 1,
118-65
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